HB 212 — AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION.

At-store recycling program.

(a) For purposes of this subchapter, the following definitions shall apply:

(1) “Department” means the Department of Natural Resources and Environmental Control.

(2) “Manufacturer” means the producer of a plastic carryout bag sold to a store.

(3) “Plastic carryout bag” means a plastic carryout bag provided by a store to a customer at the point of sale made from plastic and not specifically designed and manufactured to be reusable.

(4) “Reusable bag” means a fabric or plastic carryout bag made of polypropylene fabric, PET non woven fabric, nylon, cloth, cotton, jute, hemp product, or other washable fabric which also meets all of the following requirements:

a.

Is either a bag made of cloth or other durable fabric that has stitched handles, or is a durable plastic bag with handles that is at least 2.25 10 mils thick.

isIs designed and manufactured to be used for at least 125 uses.”.uses.

FURTHERc. AMEND House Bill No.

212Has bya deletingvolume linescapacity 50of throughat 54least in4 theirgallons entirety.(equivalent to 15 liters or 924 cubic inches).

andd. inserting in lieu thereof the following:

“f.Is machine washable or made from a durable material that can be cleaned and disinfected.

e.

Does not contain lead, cadmium, or any other toxic material that may pose a threat to public health.

A reusable bag manufacturer may demonstrate compliance with this requirement by obtaining a no objection letter from the federal Food and Drug Administration.

f.

§ 260.12 related to recyclable claims if the reusable grocery bag producer makes a claim that the reusable grocery bag is recyclable.recyclable HD :

g.JMP :

MAW Page 2 of 5 Released:

06/03/2021 12:32 PM g.

it shall be capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125 uses and be at least 2.25 10 mils thick, measured according to the American Society of Testing and Materials (ASTM) Standard D6988.13.”.D6988-13.

FURTHER(5) AMEND“Store” Housemeans Billa No.retail establishment, excluding a restaurant, engaged in the business of selling or exchanging goods and/or or services for cash, barter barter, or any form of consideration on the assumption that the purchaser of such goods and/or or services has acquired the goods and/or or services for ultimate consumption or use and not resale that provides carryout bags to its customers in conjunction with the sale of such goods and/or services or services.

212 by deleting lines 96 and 97that andmeets insertingeither inof lieu thereof the following:following requirements:

“f.a.

BagsHas providedat toleast contain7,000 ansquare unwrappedfeet foodof item.”retail FURTHERsales AMENDspace, Houseor Billspace. No.

212b. between lines 120 and 121 by inserting the following:

“(h)(1)Has A3 violationor ofmore thisstores section,or withretail suchlocations, determinationeach thereofhaving beingat madeleast by3,000 thesquare Department,feet shallof resultretail insales civilspace, liability or administrative penalty in an amount up to $500 for the firstState. violation, up to $1,000 for the second violation, and up to $2,000 for the third, and each subsequent, violation.

(2)(b) AnyThe civilstore penaltieswhich collectedprovides inplastic accordancebags withfor exemptions listed in paragraph (h)(1)(e)(3) of this section below shall beestablish paidan at-store recycling program pursuant to this section that permits a customer of the Department.store to return clean and dry plastic bags and film to the store.

The(c) penaltiesA collectedretail pursuantestablishment tothat thisdoes sectionnot bymeet the Departmentdefinition shallof bea expendedstore, byas thedefined Department,herein, uponand appropriationthat byprovides theplastic Generalcarryout Assembly,bags to assistcustomers inat fundingthe enforcementpoint andof furtherancesale ofmay theadopt intenta ofsimilar at-store recycling program, as specified in this section.

(i)(d) ThisAn subchapterat-store shallrecycling becomeprogram effectiveprovided onby Decembera 1,store 2009.shall include all of the following:

(1) [Repealed.] (2) A plastic bag and film collection bin shall be placed at each store and shall be visible, easily accessible to the consumer, and clearly marked that the collection bin is available for the purpose of collecting and recycling plastic carryout bags.

(3) All plastic bags and film collected by the store shall be collected and recycled in a manner consistent with the intent of this section.

In no instance, shall a store permit collected plastic bags and film to be disposed of or to further any act other than the recycling of such bags.

(4) The store shall maintain records describing the collection and recycling of plastic bags and film collected by such store and shall make the records available to the Department of Natural Resources and Environmental Control (DNREC), upon request, to demonstrate compliance with this section.

(5) The store shall make reusable bags available to customers within the store, which bags may be purchased by such customer and used in lieu of using a plastic carryout bag or paper bag.

This subsection is not applicable to a retail establishment specified pursuant to subsection (c) of this section above.

MAW Page 13 of 25 Released:

06/15/202106/03/2021 08:5412:32 AMPM (j)82 All(e) storesEffective subjectJanuary to1, 2021, a “store” as defined in paragraph (a)(5) subsection (a) of this section shall registernot withprovide theany Departmentsingle-use byplastic Junecarryout 30,bag, 2018,as ondefined in subsection (a) of this section, to a formcustomer at the point of sale except as provided byin thethis Department.section:

Information(1) requiredA nstore may make available for purchase or distribution at the formpoint willof relatesale toa compliancereusable withgrocery bag that meets the requirements of paragraph (a)(4) of this section.”.section.

SYNOPSIS(2) ThisA Amendmentstore removesmay languagemake allowingpaper some plastic bags andavailable returnsfor tono languagecost thator alreadycharge allowedany forprice bagsat containingtheir prepareddiscretion. foods and baked goods.

This(3) AmendmentA removesstore themay separateprovide enforcementplastic provisionscarryout inbags §6099A(h)(1)for andany (h)(2),of thus placing enforcement under the Department’sfollowing generalpurposes: administrative enforcement powers.

a.

Bags used to contain or wrap frozen foods, meat or fish, flowers or potted plants, or other items to contain dampness.

b.

Bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste.

c.

Bags used to contain live animals such as fish or insects sold in pet stores.

d.

Bags used to transport chemical pesticides, drain-cleaning chemicals, or other caustic chemicals.

e.

Nonhandled bags used to protect a purchased item from damaging or contaminating other purchased items when placed in a recycled paper bag or a reusable grocery bag.

f.

Bags provided to contain an unwrapped food item.

Bags used to protect or transport prepared foods, beverages, or bakery goods.

g.

Nonhandled bags that are designed to be placed over articles of clothing on a hanger.

h.

Bags used by customers inside a business to package loose items, such as nuts, ground coffee, grains, fruits, vegetables, or candies.

(4) Stores that have adopted practices which eliminate the need for plastic carry out bags as outlined in this subsection do not need to participate in an at-store recycling program.

program as of March 31, 2021.

(f) The manufacturer of a plastic carryout bag shall provide educational materials to all stores required to comply with this section to encourage the reduction, reuse, and recycling of plastic carryout bags and the stores shall place such materials in a conspicuous location, visible to the customers of such store.

(g) (1) Unless expressly authorized by this section, a county, city, or other public agency shall not adopt, Implement, or enforce an ordinance, resolution, regulation, or rule to do any of the following:

a.

Require a store that is in compliance with this section to collect, transport, or recycle plastic carryout bags.

b.

[Repealed.] HD :

JMP :

MAW Page 4 of 5 Released:

06/03/2021 12:32 PM c.

Impose auditing or reporting requirements upon a store that are in addition to those set forth in paragraph (d)(4) of this section.

(2) This section does not prohibit the adoption, implementation, or enforcement of any county, city or other local ordinance, resolution, regulation, or rule governing curbside or drop off recycling programs operated by, or pursuant to a contract with, a county, city, or other public agency, including any action relating to fees for these programs.

(3) Any municipality with a population in excess of 50,000 may enact a law requiring stores in excess of 500 square feet to comply with this section.

(4) (3) This section does not affect any contract, franchise, permit, license, or other arrangement regarding the collection or recycling of solid waste or household hazardous waste.

Section 2.

§ 6099A(a)(4)a.

becomes effective January 1, 2022.

Section 3.

§ 6099A(a)(5) becomes effective July 1, 2022.

SYNOPSIS This Act provides a phased in approach to further the reduction of single-use plastic bags.

This Act increases the minimum thickness for a plastic bag to qualify as a reusable bag from 2.25 mils to 10 mils effective January 1, 2022 and makes the restrictions applicable to stores regardless of size effective July 1, 2022.

This Act also makes corrections to existing law to make it conform to the standards of the Legislative Drafting Manual.

MAW Page 25 of 25 Released:

06/15/202106/03/2021 08:5412:32 AMPM 21415103292141510299